2nd Circuit Court of Appeals

NLRB v. Universal Smart Contracts, LLC - Enforcement of Subpoenas

The Second Circuit affirmed in part and dismissed in part a district court order enforcing National Labor Relations Board (NLRB) administrative subpoenas against Universal Smart Contracts, LLC, and related parties. The court found jurisdiction and venue proper but lacked jurisdiction to review the award of attorneys' fees due to a late appeal.

United States v. William Jimenez - Sentencing Appeal

The Second Circuit Court of Appeals affirmed the district court's sentencing of William Jimenez to 105 months imprisonment and three years of supervised release. Jimenez appealed specific conditions of his supervised release and his sentence term, but the court found no abuse of discretion and upheld the appeal waiver.

Second Circuit Rules on Loan Agreement Arbitration Violation

The Second Circuit Court of Appeals ruled on a dispute between Lanesborough 2000, LLC and Nextres, LLC regarding an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and partially affirmed the district court's judgment, while vacating the injunction of a state-court proceeding.

US v Boria - Cocaine and Firearm Conviction Appeal

The Second Circuit Court of Appeals affirmed the conviction of Steve Boria for conspiring to distribute cocaine and possessing a firearm. Boria argued the district court erred by not sufficiently inquiring into the effects of his medication during his plea colloquy.

US v. Cardenas - Court of Appeals Decision on Cocaine Importation Conspiracy

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Roldan's defense of lacking criminal intent, remanding the case for further proceedings.

B.B. v. Hochul - Child Welfare Certification Rights

The Second Circuit Court of Appeals reversed in part and affirmed in part a district court's decision in B.B. v. Hochul. The court found that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster and adoptive parents, which denied certification based on criminal history or child abuse reports. The court remanded for further proceedings.

GEICO v. Patel - RICO Case Decision

The Second Circuit Court of Appeals affirmed a preliminary injunction against Dr. Bhargav Patel and associated entities in a RICO case brought by GEICO. The court found that the defendants participated in a scheme to defraud GEICO by exploiting New York's no-fault automobile insurance laws, leading to over $2 million in disputed claims.

Mar-Can Transport Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court's decision in Mar-Can Transport Co. v. Local 854 Pension Fund, ruling that Mar-Can is entitled to a $1.8 million reduction in its withdrawal liability under ERISA. The court interpreted a key provision regarding the transfer of unfunded vested benefits when employees switch unions.

Safdieh v. Commissioner - Tax Court Summary Judgment Vacated

The Second Circuit Court of Appeals vacated a Tax Court order that granted summary judgment to Joseph Safdieh, ruling that the Commissioner of Internal Revenue may assess penalties under I.R.C. § 6038(b) for failing to report foreign business control. The court remanded the case for further proceedings.

CFHC v. CoreLogic Rental Prop Sols - Fair Housing Act Case

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning alleged violations of the Fair Housing Act and Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but affirmed a violation of the Fair Credit Reporting Act.